property covenants

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Graham Dell

property covenants

Post by Graham Dell » Wed Apr 02, 2003 3:24 pm

Many covenants written in the '60s forbid "mobiles or trailers" to be used on the property. Does the use of a manufactured home violate this covenant?

Bill Fry

Re: property covenants

Post by Bill Fry » Wed Apr 02, 2003 4:28 pm

Thats a gray area.A mobile hole home by legal definetion is a pre HUD home(built prior to 1976)A manufactured home is a HUD home built after 1976.It would depend on how a court defined your written covaenants I would guess.

JohnnyJ

Re: property covenants

Post by JohnnyJ » Wed Apr 02, 2003 10:13 pm

As an example, the covenant I use on the property that I am selling states
that only a site built home or a doublewide manfactured home may be placed
on it for occupancy.

It's concise and to the point. So far everyone that has read it has understood.

rmurray

Re: property covenants

Post by rmurray » Thu Apr 03, 2003 8:37 am

Interesting question...You should check with a real estate attorney in your area about these definitions...

I just had a case where the original developer said NO home that came on wheels...my customer successfully defeated this requirement because it made no sense...since the stick built homes in the area all were delivered by lumber company trucks and assembled on the land...judge found there were no homes in the subdivision that did not come on wheels..

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